Honestly I'm glad the FTC is going to take action. People like Jaclyn and Mikayla and others who think their going to get away will get caught. They've got no one else to blame but themselves in the end.
@@k.popper2620 Absolutely ! I honestly can't understand how any influencer can not feel guilt for deceiving their audience. I mean I get that greed and money are the main motivators, but still the fact you can't be truly transparent shows how little you actually give a damn about the people who look up to you.
This all sounds good, but do you think any of them will actually get 'caught' or reprimanded in any way? These policies are so necessary, but I just don't think it's likely we will see them being enforced. I really hope so though!
I hate clicking on a video, then 4 minutes later the influencer says its sponsored, you know after the ad money clicks in and the money for my viewing for 4 minutes. It is deceptive and causes me to not trust the influencer and it is bye bye for me.
if there is any ad in a youtube video and the creator has correctly disclosed that through youtube as they are required to, then there will be a youtube pop-up on the screen disclosing the ad at the very beginning.
@@444brianna Jail? Really? You would feel safer using taxpayer money to have Jaclyn Hill criminally institutionalized? According to the Bureau of Justice Statistics, states spent an average of $45,771 per prisoner for the year. How many years exactly would you like to see her locked up for?
IMHO nothing ground breaking in anything the FTC has ever put out. the problem is not and has never been a lack of clear guidance. the problem is and has been BAD ACTORS intentionally and knowingly obfuscating the truth regarding their thoughts about products and their relationships with brands in an effort to increase their reach/success/etc etc.
Thank you for this video. There are two influencers I feel like I trust: you and Robert Welsh. Both of you are so transparent about the products you use, where you got them, and how you honestly feel about them. There are lots of other influencers I watch for entertainment, but I’m suspicious of their reviews for products Edit: I forgot Zabrena. I like her reviews too. She seems very honest
England does have a law and Robert's mentioned it in the past. But you just know if the law didn't exist Robert would still be just as honest. James, too.
I don’t get why influencers don’t disclose when they partner with a brand. Everytime I hear that they partner I feel proud of them because if you’re with a brand that means you made it , but idk maybe it’s just me
I like that they're going to go after the companies first. If a certain company is repeatedly being fined for their influencers not disclosing or being sneaky, we know where the problem is. Also, if a brand gets in trouble over an influencer breaking the law, it might persuade them to stop working with them. Other companies might not want to work with them as well because they're troublesome to their brand. Also, how many times they get warnings or fines or whatever the mysterious consequences are, I would hope its accessible to the public so we are aware.
Great overview! You mentioned Robert Welsh and I think both he and his brother have always done a good job with this, using different icons on the screen whether a product is gifted, purchased, sponsored, etc. They follow the UK guidelines. Perhaps the US is moving more towards the regulations in other countries?
Absolutely. Happy to see this positive step and looking forward to action taken against dishonest influencers and corporate ad partners. Will be happier still when further and more stringent legal and policy language is put in place.
Oh Jen - I can’t thank you enough for your stimulating and thought-provoking content. I have always loved makeup but despised the CZcams beauty space - until I found you and other genuine CZcamsrs like Charlotte Holdcroft. Thank you for keeping my brain working after retirement 😂
I find it amazing how blatant some influencers cough..mikayla….cough Jaclyn Hill are with their non disclosures. The FTC literally have no teeth. They could not get away with that behaviour in the UK with Advertising Standards Authority. They would fine you in a flash. But the amount for fine is never significant enough to hurt the company. And that is important. The sanction needs to hurt if caught. It needs to be enough to act as a deterrent to others from breaching the code.
I'm surprised the UK doesn't fine US brands and influencers, if the UK is so great. If the US can make rules about people from othe countries advertising to U.S citizens I'd think the UK could too?
What would be a great consequence is to have influencer account suspensions across platforms with a pop up that states they are restricted for x amount of time for violating rules in x way so people learn quickly who the slimy ones are and they lose followers en masse.
i cannot THANK YOU enough for this video!!! most of this was common knowledge because my FAVORITE influencers have been following these rules for the longest time, but there were some that were newer put things in action recently. i’m soooo glad that they FINALLY put special ones in effect for certain influencers on tiktok and other platforms. amazing video!!! 🥰🥰🥰
Most laws in the US are written like this - it’s a suggestion and a rule. Used to annoy me so much , coming from the other side of the pond. But now I kNow how to read between the lines. 🤣🤣 everything is written as a potential trap. 🤣
I will have hope when they actually start enforcing these guidelines. They don’t seem to care much for going after lying, greedy influencers, but a girl can hope.
With 2 kids and 2 businesses (3 if you count hubby) the amount of work you put into your channel is insane, how do you have time to sleep? I know it’s hard work but I enjoy watching your videos! Thank you Jen! 🫂🙏💜❤️
Great info as usual. It makes sense that the FTC starts with the brand, the brand has deep pockets and after a few fines the brand will have the impetus to police their own influencers.
This goes on in professional ads all the time- the FTC needs to crack down on those as well. We all know that the Kardashians aren't using half the products they promote. Celebrities aren't using drugstore products and box hair color.
I'm not a makeup influencer but I have a channel where I've had 2 videos where products were sent for review. Thank you for this, I will be going back and editing my descriptions to be fully compliant with current regulations. I use the disclosure tool here as well as state verbally in my video that the products were sent to me, as well as stress that if they choose to purchase the product vis the link I do not get compensated for it. However my description box is where I am not compliant as it is not at the top. This video was an educational one for me!
I think the FTC needs to actually take action against a large creator (or multiple) and make an example of them before any of these other influencers will take this seriously. I highly doubt these revised rules will stop any of the Jaclyn's, Mikayla's or Meredith's from doing what they're doing. They've been breaking the rules and nothing has happened, why would they stop now lol.
Absolutely. Serious and meaningful action that has a real effect on their bottom line, because no one will care if they get slaps on the wrist. It needs to be considered as a percentage or fine for the payment from the brand, etc. 👀 and people shouldn’t be able to make their wedding a brand event.
That sucks about getting a ticket!! I got one a few years ago when I was out of state. My daughter said “but you were going with the speed of traffic.” I told her but I was the out of state tag.
South Korea had a scandal where a celebrity did not disclose an ad/PR and several other influencers were then discovered to have done the same thing (big one being PONY) and now it's mandatory for influencers to disclose not only ads but also PR. I wish that was the standard everywhere.
I haven't watched the video yet but no matter what the changes are I just feel it in my bones that nothing is really going to change lol seems like they never take action against anyone for breaking the rules
On the one hand, this is 100% TRUE. ACCURATE. But I can't imagine they can keep track of every single influencer & check their posts for adherence to the guidelines... It's going to be important for viewers to report dishonest practices.
The thing that drives me nuts is when influencers rave about a brand for a couple months, then release a product with that brand. It takes months and months to devlop something, so they were working with rhat brand while taling up their products without telling their audience. I HATE that!
There is! I'll throw it in the description box: "The FTC works to prevent fraudulent, deceptive, and unfair practices that target businesses and consumers. Report scams and bad business practices at ReportFraud.ftc.gov."
Someone in the comments brought up a great point: filters! Many times influencers will apply something & say, “Look at that!”, when what we’re really seeing is a filtered product! I’d love a list of beauty influencers who do not use any camera filters!! PS: Jen - I’ve been watching your videos for years and love the evidence-based information that you share. Thank you!!!
You can Google "how to report FTC ad violation" and you should be able to find the form to fill out. I've reported an influencer before who NEVER discloses their relationship with a fast fashion brand and just reached my breaking point of annoyance. We can hold people accountable as a community
This is great news! I feel like people like Mikayla and some others are going to be changing a lot or either will be getting called out even worse than they already do. And hopefully be held accountable for the lies and deception.
This is important info for influencers, brands, and consumers. Platforms should informed as well (looking at you Tiktok!) Thanks Jen! As always a great summary of the info! ❤
This is great information. I'm grateful to you for compiling it and providing it. Now I'm curious to see how many influencers are going to throw little content-fits about the changes - especially the underlying "we know what you're doing" message in the report. Because like my daddy used to say, "a hit dog hollers."
In regards to the line “a significant minority,” I actually think that it’s quite clear from a statistical standpoint. I am saying this, however, with a background as a scientist. According to statistics, something is statistically significant if you cannot explain it away by mere chance. In my field of science, this “p” value is usually set to less than or equal to 5%, meaning that this is a significant minority. So basically Mikayla is screwed. If someone can prove that at least 5% of her followers purchased that mascara based on her “post,” then that is a significant minority. Heck, someone could prove that 5% of the revenue (not just profit) > 5% of her follower count; I think the FTC could compare that mascara sale to the company’s previous mascara sale and do the math. Her influence led to a statistically significant increase in sales and thus profit - that she did not disclose.
Germany has some of the best laws and practices against surreptitious advertising in all media and since 2022 there is a special Influencer Law.. Customer protection is super important and I wish this would be the case everywhere. In my home country now it is the wild-wild east of undisclosed, badly made sponsored posts and I just wish someone would monitor these people more closely.. :(
I was extremely active in the skincare group and when the Naturium drama happened, I was so upset, I still haven't both anything from the brand, but I see that people like it so maybe one day all buy something😂
Nah stand your ground girl. There are plenty of products out there. Plus how do we know they really like the products? Considering the launch of the product itself was misleading. ❤
@@SAce-fo7pg yeah I dont plan on buying anything but I dont want to seem bitter about what happened, the weirdest thing is, I just realized the other day when I posted an update on my babies growth (shes a premi) that Naturiam employee and admi of the group still follows me on Instagram, I Unfollowed everyone a long time ago.
IMHO If the fines aren’t high enough to make the brand/influencer feel them nothing is going to change. There are a lot of arenas where people would rather pay a fine then change their behavior.
I hope the FTC requires all Brands to sign an agreement to follow the rules & then those Brands require their Influencers to also sign the agreement to rules. That way everyone will hopefully read the rules & know what is expected & not allowed. Hopefully this would help with the honesty of what the viewers expect to be true.
I'm wondering how will they check it all? Also, how will they prove that someone has lied that they like the product, but in fact they don't?! Damn, I'm confused. The whole thing is totally unclear...
It certainly makes sense that any time a creator spends their own money on something, they don't have to mention that they once got the product for free or they were paid to promote it in the past. However, if their goal is to be helpful, I think it would be interesting to hear "I got this as a promotional product last year and liked it so much I used it up and went out and bought more with my own money." If someone purposely withholds that information because they aren't getting paid to promote the item, that would be too bad.
Checks and balances need to be done by the FTC to influencers and advertisers who don’t comply. But truly how do the know or figure out through evidence or otherwise who is purposely not discussing or being shady? How do you figure out if there was a deal behind the scenes
I have lost faith in influencers on CZcams. 1. Famous UK beauty tuber made a video of her skincare routine which was a very expensive assortment of products and it was not indicted in the video info which products had been gifted which is the law in UK. It has to be clear which products were paid for. I asked why this wasn’t in the information and got no reply. It’s ok using a skincare routine that totals almost £1,000 but it’s not realistic unless your given all the products. It needs to be clear which is why it’s the law in UK to make clear if products are gifted. 2 a popular Canadian beauty tuber posts many a video of her skincare routine in vlogs we all see what she uses all the time and consistently uses same products that a great rec. then an instagram reel appears that is a sponsored post of a totally different brand where she is saying she loves the routine and has used it for a long while and everyday. But we all knew that’s not the case, she was lying to obviously get paid for the post. It’s not good this kinda stuff does not do well with the peoples and she was trashed for lying in the Instagram post and tried to back peddle saying her vlogs were months behind, but we all knew from events and dates it was another lie. She was done with then. She later tried to justify it as I was being paid so had to say it, have some morals and don’t mislead the followers. #Ad had been the law in UK for a few years now I only follow 1 beauty channel now Jen, I can’t tolerate the lies. I seek videos eg the Natasha Denona yucca palette I went to watch particular videos but otherwise don’t watch any beauty influencers anymore.
Jen, have you ever considered going to law school? I am a lawyer, and I’ve noticed that you have a lot of enthusiasm for legal topics, such as in this video, and in the Morphe bankruptcy.
THANK YOU for such an educational & informative video. I feel it's important people understand what & how video makers/ influencers are supposed to do, say and follow.
Probably similar to how the FDA does things - frequently quietly and almost always by letters that consumers aren’t aware of. Jen’s gonna have to start reading FTC alerts. 😂
Thank you so much for this! It was so helpful! I do have even more questions though lol, let me know if anyone knows about these. 1. If a video is an ad, specifically I’m mostly on TikTok, you must put ad on the screen but does it need to be on the screen for the whole video? Or just for a portion or the video? 2. Do we actually have to use the # itself? What’s the difference in #ad and just AD? I feel like #ad and #sponsored suppress my videos. Are they actually specific in using #ad and that you can’t put AD at the beginning? 3. Can you say #brandpartner instead of #ad? Is that clear enough? For example if Target sponsors me, can I put #TargetPartner at the top of the video description instead of putting #ad? 4. And for using the in-platform disclosures like CZcams and TikTok have, is it saying we don’t have to use those if we still clearly disclose properly? Because again, I feel like using those suppresses my views. I am all about disclosing gifted items and sponsorships clearly because I don’t want to seem shady. But it’s so frustrating because I feel like when I use #ad the platform suppresses my views drastically. Which is especially frustrating with a sponsored video. I just really wish that the FTC would be very clear with what you can, and cannot do and say. And I hope they go after platforms for suppressing peoples ads because that’s just not right. When you disclose something properly, it should be shared just like anything else.
Wait! I found my answer for #2 in the document: “There is nothing special about hashtags from a disclosure perspective. “#ad,” “Ad:,” and “ad” at the beginning of a post are probably all equal.” It’s weird that it says “probably” though. Like the person writing this isn’t really sure about any of their answers. Lol.
1. All they say is that it has to be on the screen in a way that can't be missed. 2. As an alternative you can put #BrandNamePartner or #GiftedByPartner. Or you can just say "Thank you to Partner for sending this product my way!" You don't have to use a hashtag if your relationship with the brand is clear. 3. Yes. :) 4. They are saying that they don't want to discourage people from using the in-platform features, but that may not be enough. The reason why you'd want to use the in-platform disclosures would to be compliant to the platform, not the FTC. If you are clear about the relationship without using the in-platform disclosure, you should be good with the FTC, but you may not be good with the platform itself.
@@jenluv thank you so much! I wonder if the platform can really get mad at you for not using their in-platform disclosure feature as long as you have clearly disclosed it properly?
As an extra wrinkle in that theory of suppression - when something is clearly marked as an ad I am simply less likely to choose to watch it as truth often goes out window when money is involved so it may not actually be the platform cutting your views, it may be a ton of people like me who don’t trust a commercial…
@@omegasobsessions The crazy thing is most of the videos talking about a product are either sponsored, gifted, or looking to get the brands attention (which is fine as long as they are being honest with their opinions). So in theory, the videos marked “Ad” are the most trustworthy lol
In my opinion, influencers should be totally transparent ALL THE TIME!! They should always tell if the product is PR, a gift, sponsored, or purchased, no matter how long ago it happened. I trust an influencer who tells me things like: “I have been by xx brand, but I bought this product with my money”, or “This product was sent to me in PR a year ago and I just repurchased”, etc. The more transparent they are, the more I trust them. I also think that the FTC should hold brands as equally responsible. That way, the brands would be force to pressure the influencers into compliance or refuse dealing with those who don’t comply.
I think I’m going to have to watch this a few times 😅 thank you for the spark notes! As a small creator this feels super daunting to remember all the rules. But I guess it’s for people who are constantly being intentional in their dishonesty
Hi Jen! This was very informative. Haven’t had sponsorships but still very good to know from a buyer and also content creator perspective. Thank you for sharing!
just a reminder that Susan Yara actively pretended that she wasn't involved with Naturium for months! To me, there's a big difference between a creator like Manny who is usually upfront with the fact that he is a brand owner (but may occasionally fail to mention it in posts) compared to someone actively deceiving their audience.
Great video. This governing has needed to happen for a while. Making a sponsored video just got tougher. I wonder if the brands will request to view the video to catch any violations before it’s made public.
The FTC updates are fantastic however who is going to monitor all of the influencers? There are so many platforms and so many influencers. It will be interesting to see if certain repeat offenders (Mikayla, Jaclyn, etc.) START disclosing per the guidelines and if the do not, will anything happen to them?
I’ve had so many of Glamzilla’s shorts pop up lately after not watching her content for about 2-3 years and almost all of her content is non disclosed ads now. It’s disgusting and so manipulative on such a large scale.
This makes total sense, and I'm glad the rules appear to be tightening up. I'm so sick of sponsorships frankly...and many are misleading. Assume that the minority means even 1 person bought the product on someone's advice. Is that so tough?
This will get very interesting, especially with lifestyle influencers 🌝‼️ i wouldn’t see a surprise tho if there comes a drastic shift of influencers from all Niches
Thank you so very much for explaining all of this. This area has always been confusing. I will start doing more than I already do to make it very clear when I receive free product for review. I always head right over to you when I need more information.
Agreed. Maybe they felt like they need to clarify rules before cracking down? Like a, per my previous email, kind of statment? K, team, you all know the rules now. Don't make me write you up.
@@MoonlitSunflower yeah, maybe they wanted to give people time to familiarise themselves with all the rules and have them all finalised before beginning to enforce them. hope to see enforcement soon though
Responding to a comment from someone else, I began to think about collabs. If we have an influencer named Vivian, and Vivian gushes about every release from a brand for a year or 2 leading up to the launch of her collab, is it not misleading to say that she just recieved the products in PR and gave her honest opinion? For that year or 2 leading up to launch there was a business relationship already forged. And leading up to that, perhaps she hoped to get offered a collab ad well? Idk, it is something influencers may want to think about. It sounds not so grey at all, but based on collabs I've watched come up on CZcams for Indie brands I think it is something to keep in mind. Kind of a pickle. I'm not sponsored for this video, but I can't announce for 2 years that my collab will launch while we work on it?
My guess is that, once the fine amount is known, brands will pay influencers enough to pay the fine plus enough above and beyond that will justify the lie. That is how it works with the DEA and in corporations. The pay outweighs the fine.
I believe that apart from paying a fine and maybe being demonetized for putting out a false claim, the should be forced to say that in another video. In the same way as newspapers have to publish when they said something wrong in a previous article.
loved every single freakin' second of this video !!! i like how you are able to thoroughly explain items of interest clearly & concisely without the usual wind bag-ation that tends to accompany explanatory content. very well done my luv 😉
I've stopped supporting anyone blatantly hiding their hashtag ads. Especially in their stories. I get that these lines are blurred and some things aren't super clear, but if you're purposely hiding it...you know what you're doing.
Agree. Same with the use of links that hit multiple sites before loading to get the influencer as much $ as possible. The skeptical spectacles come on if If I see those types of links used. Also when the influencer purposely links the highest price version/store for said product as a link to gain more commissions. Sadly I'm seeing some of my fave creators engaging in this and it's a huge turn off
Hi, Jen!!! I don’t want to be pessimistic but if back then, when there were less rules, so many influencers didn’t disclose properly, now unless the FTC goes hard on the fines they would try to sit comfortably in the grey zones. And for the people who already were doing things right, know you’ll need to hire a FTC guides consultant 😮 But anyway, something had to be done 🤷🏻♀️ Thanks for the video and the research!!! 😘😘😘
People need to report dishonest influencers to the FTC. The FTC can't do it on its own.
exactly.
BIGTIME!!!!
@@amandak.4246 it is very easy at their website.
people do, the FTC don't do anything
Honestly I'm glad the FTC is going to take action. People like Jaclyn and Mikayla and others who think their going to get away will get caught. They've got no one else to blame but themselves in the end.
And boy, do they deserve it!
@@k.popper2620 Absolutely ! I honestly can't understand how any influencer can not feel guilt for deceiving their audience. I mean I get that greed and money are the main motivators, but still the fact you can't be truly transparent shows how little you actually give a damn about the people who look up to you.
I certainly hope so!
This all sounds good, but do you think any of them will actually get 'caught' or reprimanded in any way? These policies are so necessary, but I just don't think it's likely we will see them being enforced. I really hope so though!
Exactly.
Mikayla and Lashgate immediately came to mind 🤢.
Too bad they don’t mention blurring filters on skincare and makeup…
True! There should be very specific wordage about editing of images for products related to and promising image-altering effects.
I hate clicking on a video, then 4 minutes later the influencer says its sponsored, you know after the ad money clicks in and the money for my viewing for 4 minutes. It is deceptive and causes me to not trust the influencer and it is bye bye for me.
if there is any ad in a youtube video and the creator has correctly disclosed that through youtube as they are required to, then there will be a youtube pop-up on the screen disclosing the ad at the very beginning.
I never thought about that 🤯
I see bad times ahead for Mikayla!
The FTC bought the mascara and now they are pissed…..and now they are coming guns blazing . Frikking tiktok is the worst.
She won’t care because her audience and sponsors don’t care. Brands like L’Oreal enjoy her noteriety. Even bad publicity is good publicity. 🤷🏽♀️
Many of them, honestly
Haha! 😂
I feel bad for loving her glamlite highlighter palette. when people ask me where it’s from I’m like uhhhh…. 😅
I hope to god FTC starts taking action. Too many ( jaclyn hill laura lee etc) have almost never disclosed because nothing EVER gets done about it.
Oh hhhxjdhhdhyd
@@444brianna Jail? Really? You would feel safer using taxpayer money to have Jaclyn Hill criminally institutionalized? According to the Bureau of Justice Statistics, states spent an average of $45,771 per prisoner for the year. How many years exactly would you like to see her locked up for?
@@444brianna yeah and for SO LONG ! years and years
The FTC can't do it alone. People need to report dishonest influencers.
I think they won’t take action unless consumers complain. They don’t have the personnel to screen every influencer post.
the comments so far are giving me HOPE this morning!
IMHO nothing ground breaking in anything the FTC has ever put out. the problem is not and has never been a lack of clear guidance. the problem is and has been BAD ACTORS intentionally and knowingly obfuscating the truth regarding their thoughts about products and their relationships with brands in an effort to increase their reach/success/etc etc.
all of this is interesting, and it makes me think of how the industry would seemingly rather side-step the entire issue through UGC . . .
Thank you for this video. There are two influencers I feel like I trust: you and Robert Welsh. Both of you are so transparent about the products you use, where you got them, and how you honestly feel about them. There are lots of other influencers I watch for entertainment, but I’m suspicious of their reviews for products
Edit: I forgot Zabrena. I like her reviews too. She seems very honest
England does have a law and Robert's mentioned it in the past. But you just know if the law didn't exist Robert would still be just as honest. James, too.
@@teri2466 yes! James too. I forgot to mention him. I get the impression integrity is very important to them
Agreed! I love the two of them, they are the only few people I follow
Emily Noel is honest too.
@@Chris-tg3qy I love her! One of the most genuine people, and she gives recommendations for drug store and high end
It’s good to protect the consumers to keep all the influencers honest.
I don’t get why influencers don’t disclose when they partner with a brand. Everytime I hear that they partner I feel proud of them because if you’re with a brand that means you made it , but idk maybe it’s just me
I agree!
I agree with you. I think that influencers gain a lot more when they are being open about partnerships, PR gifts and any other form of endorsements.
Interested in how brands and influencers will find a loophole in this. 😂
But I actually really like that they set these rules.
I like that they're going to go after the companies first. If a certain company is repeatedly being fined for their influencers not disclosing or being sneaky, we know where the problem is. Also, if a brand gets in trouble over an influencer breaking the law, it might persuade them to stop working with them. Other companies might not want to work with them as well because they're troublesome to their brand. Also, how many times they get warnings or fines or whatever the mysterious consequences are, I would hope its accessible to the public so we are aware.
Great overview! You mentioned Robert Welsh and I think both he and his brother have always done a good job with this, using different icons on the screen whether a product is gifted, purchased, sponsored, etc. They follow the UK guidelines. Perhaps the US is moving more towards the regulations in other countries?
My team told me to watch this saying it’s a hot mess… let me listen and cook 👀
This is a step in the right direction. More is still needed.
Agreed. There's still a lot of ambiguity with some of the rules.
Absolutely. Happy to see this positive step and looking forward to action taken against dishonest influencers and corporate ad partners. Will be happier still when further and more stringent legal and policy language is put in place.
Oh Jen - I can’t thank you enough for your stimulating and thought-provoking content. I have always loved makeup but despised the CZcams beauty space - until I found you and other genuine CZcamsrs like Charlotte Holdcroft. Thank you for keeping my brain working after retirement 😂
I find it amazing how blatant some influencers cough..mikayla….cough Jaclyn Hill are with their non disclosures.
The FTC literally have no teeth. They could not get away with that behaviour in the UK with Advertising Standards Authority. They would fine you in a flash. But the amount for fine is never significant enough to hurt the company. And that is important.
The sanction needs to hurt if caught. It needs to be enough to act as a deterrent to others from breaching the code.
I'm surprised the UK doesn't fine US brands and influencers, if the UK is so great. If the US can make rules about people from othe countries advertising to U.S citizens I'd think the UK could too?
What would be a great consequence is to have influencer account suspensions across platforms with a pop up that states they are restricted for x amount of time for violating rules in x way so people learn quickly who the slimy ones are and they lose followers en masse.
Jen just a short note to tell you I love your content and all the hard work and dedication you put into it!!
i cannot THANK YOU enough for this video!!! most of this was common knowledge because my FAVORITE influencers have been following these rules for the longest time, but there were some that were newer put things in action recently. i’m soooo glad that they FINALLY put special ones in effect for certain influencers on tiktok and other platforms. amazing video!!! 🥰🥰🥰
Both vague and strict… this is gonna be fun 🫣
Most laws in the US are written like this - it’s a suggestion and a rule. Used to annoy me so much , coming from the other side of the pond. But now I kNow how to read between the lines. 🤣🤣 everything is written as a potential trap. 🤣
I will have hope when they actually start enforcing these guidelines. They don’t seem to care much for going after lying, greedy influencers, but a girl can hope.
I appreciate you clearing up all of this stuff. Very on brand helping us to not buy crap!!! 💜
With 2 kids and 2 businesses (3 if you count hubby) the amount of work you put into your channel is insane, how do you have time to sleep? I know it’s hard work but I enjoy watching your videos! Thank you Jen! 🫂🙏💜❤️
Thank you!!! 😭😭😭🤗
Great info as usual. It makes sense that the FTC starts with the brand, the brand has deep pockets and after a few fines the brand will have the impetus to police their own influencers.
This goes on in professional ads all the time- the FTC needs to crack down on those as well. We all know that the Kardashians aren't using half the products they promote. Celebrities aren't using drugstore products and box hair color.
Right. Maybe a maybelline mascar, but a box dye? No way. Not a celeb.
I'm not a makeup influencer but I have a channel where I've had 2 videos where products were sent for review. Thank you for this, I will be going back and editing my descriptions to be fully compliant with current regulations. I use the disclosure tool here as well as state verbally in my video that the products were sent to me, as well as stress that if they choose to purchase the product vis the link I do not get compensated for it. However my description box is where I am not compliant as it is not at the top. This video was an educational one for me!
Good girl! ❤
I think the FTC needs to actually take action against a large creator (or multiple) and make an example of them before any of these other influencers will take this seriously. I highly doubt these revised rules will stop any of the Jaclyn's, Mikayla's or Meredith's from doing what they're doing. They've been breaking the rules and nothing has happened, why would they stop now lol.
Absolutely. Serious and meaningful action that has a real effect on their bottom line, because no one will care if they get slaps on the wrist. It needs to be considered as a percentage or fine for the payment from the brand, etc.
👀 and people shouldn’t be able to make their wedding a brand event.
That sucks about getting a ticket!! I got one a few years ago when I was out of state. My daughter said “but you were going with the speed of traffic.” I told her but I was the out of state tag.
CZcams has it's own ads that are scams. Like the free pans that you only have to pay shipping. Why is that allowed?
South Korea had a scandal where a celebrity did not disclose an ad/PR and several other influencers were then discovered to have done the same thing (big one being PONY) and now it's mandatory for influencers to disclose not only ads but also PR. I wish that was the standard everywhere.
Who were some of the celebrities?
@@lzc000 en.m.wikipedia.org/wiki/2020_Korean_CZcams_backdoor_advertising_controversy
Ohhhh I’ve been waiting for your input on this
Sometimes it’s simple and sometimes we need full disclosure. It’s making this marketplace safer for everyone and safer for influencers
I haven't watched the video yet but no matter what the changes are I just feel it in my bones that nothing is really going to change lol seems like they never take action against anyone for breaking the rules
On the one hand, this is 100% TRUE. ACCURATE. But I can't imagine they can keep track of every single influencer & check their posts for adherence to the guidelines... It's going to be important for viewers to report dishonest practices.
The thing that drives me nuts is when influencers rave about a brand for a couple months, then release a product with that brand. It takes months and months to devlop something, so they were working with rhat brand while taling up their products without telling their audience. I HATE that!
I just wish there was a way to report these things when we see them.
There is! I'll throw it in the description box: "The FTC works to prevent fraudulent, deceptive, and unfair practices that target businesses and consumers. Report scams and bad business practices at ReportFraud.ftc.gov."
I hate when laws/guidelines are mushy. It is a minefield for good people to navigate and an invitation to misbehave for the bad ones. Gah
Someone in the comments brought up a great point: filters! Many times influencers will apply something & say, “Look at that!”, when what we’re really seeing is a filtered product! I’d love a list of beauty influencers who do not use any camera filters!!
PS: Jen - I’ve been watching your videos for years and love the evidence-based information that you share. Thank you!!!
You can Google "how to report FTC ad violation" and you should be able to find the form to fill out. I've reported an influencer before who NEVER discloses their relationship with a fast fashion brand and just reached my breaking point of annoyance. We can hold people accountable as a community
This is great news! I feel like people like Mikayla and some others are going to be changing a lot or either will be getting called out even worse than they already do. And hopefully be held accountable for the lies and deception.
This is important info for influencers, brands, and consumers. Platforms should informed as well (looking at you Tiktok!)
Thanks Jen! As always a great summary of the info! ❤
This is great information. I'm grateful to you for compiling it and providing it. Now I'm curious to see how many influencers are going to throw little content-fits about the changes - especially the underlying "we know what you're doing" message in the report. Because like my daddy used to say, "a hit dog hollers."
In regards to the line “a significant minority,” I actually think that it’s quite clear from a statistical standpoint. I am saying this, however, with a background as a scientist.
According to statistics, something is statistically significant if you cannot explain it away by mere chance. In my field of science, this “p” value is usually set to less than or equal to 5%, meaning that this is a significant minority.
So basically Mikayla is screwed. If someone can prove that at least 5% of her followers purchased that mascara based on her “post,” then that is a significant minority. Heck, someone could prove that 5% of the revenue (not just profit) > 5% of her follower count; I think the FTC could compare that mascara sale to the company’s previous mascara sale and do the math. Her influence led to a statistically significant increase in sales and thus profit - that she did not disclose.
Germany has some of the best laws and practices against surreptitious advertising in all media and since 2022 there is a special Influencer Law.. Customer protection is super important and I wish this would be the case everywhere.
In my home country now it is the wild-wild east of undisclosed, badly made sponsored posts and I just wish someone would monitor these people more closely.. :(
I was extremely active in the skincare group and when the Naturium drama happened, I was so upset, I still haven't both anything from the brand, but I see that people like it so maybe one day all buy something😂
Nah stand your ground girl. There are plenty of products out there. Plus how do we know they really like the products? Considering the launch of the product itself was misleading. ❤
@@SAce-fo7pg yeah I dont plan on buying anything but I dont want to seem bitter about what happened, the weirdest thing is, I just realized the other day when I posted an update on my babies growth (shes a premi) that Naturiam employee and admi of the group still follows me on Instagram, I Unfollowed everyone a long time ago.
IMHO If the fines aren’t high enough to make the brand/influencer feel them nothing is going to change. There are a lot of arenas where people would rather pay a fine then change their behavior.
So glad to hear the new rules. Thanks for explaining it all to us! Hope you discuss this on Sunday
Hey Jen....love the informative videos. You do a great job at breaking it all down and presenting it in a simple and understandable format.
I hope the FTC requires all Brands to sign an agreement to follow the rules & then those Brands require their Influencers to also sign the agreement to rules. That way everyone will hopefully read the rules & know what is expected & not allowed. Hopefully this would help with the honesty of what the viewers expect to be true.
I'm wondering how will they check it all?
Also, how will they prove that someone has lied that they like the product, but in fact they don't?!
Damn, I'm confused. The whole thing is totally unclear...
Interesting video. Thanks for taking the time to research it and break it down for us! Love your content! TFS! 💜
I am interested in seeing a video on MLMs regarding this. I love your content. It's always informative and entertaining ❤
If they are being tricky with disclosures and ad disclosure then they don’t care about authenticity so you should be wary of all reviews they give.
Mad love for you Jen
Thank you for this video. Very informative
It certainly makes sense that any time a creator spends their own money on something, they don't have to mention that they once got the product for free or they were paid to promote it in the past. However, if their goal is to be helpful, I think it would be interesting to hear "I got this as a promotional product last year and liked it so much I used it up and went out and bought more with my own money." If someone purposely withholds that information because they aren't getting paid to promote the item, that would be too bad.
Checks and balances need to be done by the FTC to influencers and advertisers who don’t comply. But truly how do the know or figure out through evidence or otherwise who is purposely not discussing or being shady? How do you figure out if there was a deal behind the scenes
You know, it’s gonna be so entertaining to watching these top beauty influencers ads pre-disclosure rules and post.
Thanks for breaking it down. I’m an influencer and always hearing something vague about how and when to disclose.
2 months back Dr Phil had an episode about Influencers “influencing to spend”. Good episode around this topic.
I really hope to see the FTC actually enforcing the laws otherwise they are pointless.
I agree with your last words. There need to be consequences not just rules!
I have lost faith in influencers on CZcams.
1. Famous UK beauty tuber made a video of her skincare routine which was a very expensive assortment of products and it was not indicted in the video info which products had been gifted which is the law in UK. It has to be clear which products were paid for. I asked why this wasn’t in the information and got no reply. It’s ok using a skincare routine that totals almost £1,000 but it’s not realistic unless your given all the products. It needs to be clear which is why it’s the law in UK to make clear if products are gifted.
2 a popular Canadian beauty tuber posts many a video of her skincare routine in vlogs we all see what she uses all the time and consistently uses same products that a great rec. then an instagram reel appears that is a sponsored post of a totally different brand where she is saying she loves the routine and has used it for a long while and everyday. But we all knew that’s not the case, she was lying to obviously get paid for the post. It’s not good this kinda stuff does not do well with the peoples and she was trashed for lying in the Instagram post and tried to back peddle saying her vlogs were months behind, but we all knew from events and dates it was another lie. She was done with then. She later tried to justify it as I was being paid so had to say it, have some morals and don’t mislead the followers. #Ad had been the law in UK for a few years now
I only follow 1 beauty channel now Jen, I can’t tolerate the lies. I seek videos eg the Natasha Denona yucca palette I went to watch particular videos but otherwise don’t watch any beauty influencers anymore.
CYA, disclose everything. What irritates me the most is when I see competing influencers not disclosing a brand deal that we both struck.
It's fascinating to see these guidelines. Especially in relation to all the other genres of influencers, like tech influencers.
Jen, have you ever considered going to law school? I am a lawyer, and I’ve noticed that you have a lot of enthusiasm for legal topics, such as in this video, and in the Morphe bankruptcy.
THANK YOU for such an educational & informative video. I feel it's important people understand what & how video makers/ influencers are supposed to do, say and follow.
I'll believe it when I really hear about brands/influencers being held accountable.
Wow it’s so important that they’re doing this… but my question is how the HECK are they going to enforce all this??
Probably similar to how the FDA does things - frequently quietly and almost always by letters that consumers aren’t aware of. Jen’s gonna have to start reading FTC alerts. 😂
Just based on some of the "suggested" or wishy-washy statements, I'm honestly doubtful they will be able to enforce their rules
Thank you so much for this! It was so helpful! I do have even more questions though lol, let me know if anyone knows about these.
1. If a video is an ad, specifically I’m mostly on TikTok, you must put ad on the screen but does it need to be on the screen for the whole video? Or just for a portion or the video?
2. Do we actually have to use the # itself? What’s the difference in #ad and just AD? I feel like #ad and #sponsored suppress my videos. Are they actually specific in using #ad and that you can’t put AD at the beginning?
3. Can you say #brandpartner instead of #ad? Is that clear enough? For example if Target sponsors me, can I put #TargetPartner at the top of the video description instead of putting #ad?
4. And for using the in-platform disclosures like CZcams and TikTok have, is it saying we don’t have to use those if we still clearly disclose properly? Because again, I feel like using those suppresses my views.
I am all about disclosing gifted items and sponsorships clearly because I don’t want to seem shady. But it’s so frustrating because I feel like when I use #ad the platform suppresses my views drastically. Which is especially frustrating with a sponsored video. I just really wish that the FTC would be very clear with what you can, and cannot do and say. And I hope they go after platforms for suppressing peoples ads because that’s just not right. When you disclose something properly, it should be shared just like anything else.
Wait! I found my answer for #2 in the document:
“There is nothing special about hashtags from a disclosure perspective. “#ad,” “Ad:,” and “ad” at the beginning of a post are probably all equal.”
It’s weird that it says “probably” though. Like the person writing this isn’t really sure about any of their answers. Lol.
1. All they say is that it has to be on the screen in a way that can't be missed.
2. As an alternative you can put #BrandNamePartner or #GiftedByPartner. Or you can just say "Thank you to Partner for sending this product my way!" You don't have to use a hashtag if your relationship with the brand is clear.
3. Yes. :)
4. They are saying that they don't want to discourage people from using the in-platform features, but that may not be enough. The reason why you'd want to use the in-platform disclosures would to be compliant to the platform, not the FTC. If you are clear about the relationship without using the in-platform disclosure, you should be good with the FTC, but you may not be good with the platform itself.
@@jenluv thank you so much! I wonder if the platform can really get mad at you for not using their in-platform disclosure feature as long as you have clearly disclosed it properly?
As an extra wrinkle in that theory of suppression - when something is clearly marked as an ad I am simply less likely to choose to watch it as truth often goes out window when money is involved so it may not actually be the platform cutting your views, it may be a ton of people like me who don’t trust a commercial…
@@omegasobsessions The crazy thing is most of the videos talking about a product are either sponsored, gifted, or looking to get the brands attention (which is fine as long as they are being honest with their opinions). So in theory, the videos marked “Ad” are the most trustworthy lol
Oh gosh! If they changed the speed limits around here, I'd be in trouble.
In my opinion, influencers should be totally transparent ALL THE TIME!! They should always tell if the product is PR, a gift, sponsored, or purchased, no matter how long ago it happened. I trust an influencer who tells me things like: “I have been by xx brand, but I bought this product with my money”, or “This product was sent to me in PR a year ago and I just repurchased”, etc. The more transparent they are, the more I trust them.
I also think that the FTC should hold brands as equally responsible. That way, the brands would be force to pressure the influencers into compliance or refuse dealing with those who don’t comply.
Thank you for this video and breaking all of this down. It is helpful for an new content creator.
I think I’m going to have to watch this a few times 😅 thank you for the spark notes! As a small creator this feels super daunting to remember all the rules. But I guess it’s for people who are constantly being intentional in their dishonesty
Hopefully when a brand sends you something they will start being clear about what you need to do.
Hi Jen! This was very informative. Haven’t had sponsorships but still very good to know from a buyer and also content creator perspective. Thank you for sharing!
just a reminder that Susan Yara actively pretended that she wasn't involved with Naturium for months! To me, there's a big difference between a creator like Manny who is usually upfront with the fact that he is a brand owner (but may occasionally fail to mention it in posts) compared to someone actively deceiving their audience.
Great video.
This governing has needed to happen for a while. Making a sponsored video just got tougher. I wonder if the brands will request to view the video to catch any violations before it’s made public.
Hate the Must Disclose ding. I went and checked my fire alarm. I thought it was the replace battery chirp.
It would be great if CZcams could have a bar to display ads below. I don’t know why they can’t make it easier and part of the CZcams app.
The FTC updates are fantastic however who is going to monitor all of the influencers? There are so many platforms and so many influencers. It will be interesting to see if certain repeat offenders (Mikayla, Jaclyn, etc.) START disclosing per the guidelines and if the do not, will anything happen to them?
I’ve had so many of Glamzilla’s shorts pop up lately after not watching her content for about 2-3 years and almost all of her content is non disclosed ads now. It’s disgusting and so manipulative on such a large scale.
This makes total sense, and I'm glad the rules appear to be tightening up. I'm so sick of sponsorships frankly...and many are misleading. Assume that the minority means even 1 person bought the product on someone's advice. Is that so tough?
That goes for the Kardashian’s too.
The last point is the most important. I wish there was just a little more actual reinforcement.
This is such a great video, considering how much people dread going through this kind of documents, and how well explained this is. Thx Jen
This will get very interesting, especially with lifestyle influencers 🌝‼️ i wouldn’t see a surprise tho if there comes a drastic shift of influencers from all Niches
I was hoping for some tea and name dropping. Lol
The guidelines sound like they are going after Mikayla, especially. IMO... lol😂
Thank you so very much for explaining all of this. This area has always been confusing. I will start doing more than I already do to make it very clear when I receive free product for review. I always head right over to you when I need more information.
they can make as many guidelines as they want but they’re worthless without enforcement. so where has the enforcement been??
Agreed. Maybe they felt like they need to clarify rules before cracking down? Like a, per my previous email, kind of statment? K, team, you all know the rules now. Don't make me write you up.
@@MoonlitSunflower yeah, maybe they wanted to give people time to familiarise themselves with all the rules and have them all finalised before beginning to enforce them. hope to see enforcement soon though
Thank you for the information. I'm not a big channel and don't have to worry about it yet, but someday that might change and it's a good to know.
Responding to a comment from someone else, I began to think about collabs.
If we have an influencer named Vivian, and Vivian gushes about every release from a brand for a year or 2 leading up to the launch of her collab, is it not misleading to say that she just recieved the products in PR and gave her honest opinion? For that year or 2 leading up to launch there was a business relationship already forged. And leading up to that, perhaps she hoped to get offered a collab ad well?
Idk, it is something influencers may want to think about. It sounds not so grey at all, but based on collabs I've watched come up on CZcams for Indie brands I think it is something to keep in mind. Kind of a pickle. I'm not sponsored for this video, but I can't announce for 2 years that my collab will launch while we work on it?
My guess is that, once the fine amount is known, brands will pay influencers enough to pay the fine plus enough above and beyond that will justify the lie. That is how it works with the DEA and in corporations. The pay outweighs the fine.
This sounds like my civil service ethics training. These Influencers are not going to fair well with this!
I believe that apart from paying a fine and maybe being demonetized for putting out a false claim, the should be forced to say that in another video. In the same way as newspapers have to publish when they said something wrong in a previous article.
Excellent video Jen. You’ve explained everything so well.❤
Thank you for this vid!
I have many vids coming up & it is great to know this info- both for myself & what I need to look for from others!❤❤❤
Love the new intermission graphs! ❤
loved every single freakin' second of this video !!! i like how you are able to thoroughly explain items of interest clearly & concisely without the usual wind bag-ation that tends to accompany explanatory content. very well done my luv 😉
I've stopped supporting anyone blatantly hiding their hashtag ads. Especially in their stories. I get that these lines are blurred and some things aren't super clear, but if you're purposely hiding it...you know what you're doing.
Agree. Same with the use of links that hit multiple sites before loading to get the influencer as much $ as possible. The skeptical spectacles come on if If I see those types of links used. Also when the influencer purposely links the highest price version/store for said product as a link to gain more commissions. Sadly I'm seeing some of my fave creators engaging in this and it's a huge turn off
@@meowcenary21 yes! Agree with all of this! It's so disappointing!
Hi, Jen!!! I don’t want to be pessimistic but if back then, when there were less rules, so many influencers didn’t disclose properly, now unless the FTC goes hard on the fines they would try to sit comfortably in the grey zones. And for the people who already were doing things right, know you’ll need to hire a FTC guides consultant 😮 But anyway, something had to be done 🤷🏻♀️
Thanks for the video and the research!!! 😘😘😘
I see a popular influencer gush over a product and offers herself to work for the major company.